The Instigator
zekromthepokemon
Pro (for)
The Contender
Jace_Lyrafi
Con (against)

Would masturbating in someone else's body considered rape?

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Debate Round Forfeited
zekromthepokemon has forfeited round #3.
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Voting Style: Open Point System: 7 Point
Started: 3/25/2018 Category: Miscellaneous
Updated: 3 years ago Status: Debating Period
Viewed: 602 times Debate No: 111651
Debate Rounds (3)
Comments (2)
Votes (0)

 

zekromthepokemon

Pro

I've recently watched the music video for Lil Dicky's new single "freaky friday". In the video Lil Dicky gains control of Kendall Jenner's body and it's heavily implied that he's about to masturbate as her.

I'm pretty sure that's rape. He's using her body for a sexual act without her consent.

Change my mind.
Jace_Lyrafi

Con

Actually, the legal definition of rape (because I'm based in Singapore) is in Singapore's Section 375 of the Penal Code. The Penal Code states, "Any man who penetrates the vagina or a woman with his penis (a) without her consent; or (b) with or without her consent, when she is under 14 years of age, shall be guilty of an offence."
Furthermore, if the man rapes or tries to rape the woman by "(i) voluntarily caus[ing] hurt to [her]; or (ii) puts her in fear of death or hurt to herself," he will face up to 20 years in prison and 12 strokes at the very least.
Note: under Singapore law, consent is not deemed to be given if the woman is so intoxicated that she is unable to understand the nature and the consequence of what she is consenting to.
The act of taking control of somebody else's body and masturbating using that body would (with my understanding of law) be considered as the willful violation of someone else's privacy or rights, because firstly, that is done without the person's consent and secondly, is against the person's will (supposedly).
Lastly, because the law has yet to catch up with such technological advancements - where one's body can be taken over, there are no laws governing such actions or violations of free will.
I hope this gives you a clearer definition of what rape is and how the law may apply to your given situation.
Debate Round No. 1
zekromthepokemon

Pro

I was referring to US law (I should've made that clear) but, yes if we'r going by technicalities then in Singapore it wouldn't be considered rape.

However, in the US according to 10 U.S. Code " 920 - Art. 120. (https://www.law.cornell.edu...). One definition of rape is committing a sexual act while someone is unconscious and in the previously mentioned of Lil Dicky being in Kendall Jenner's body, she is not aware of him or in control of her body. So, she's unconscious and is about to have a sexual act done to her body without consent.

Now, i'm not sure we should go from here since all legal definitions of rape are now in the ring. It's similar to an age of consent argument.
Jace_Lyrafi

Con

Well, to be honest, without getting into an argument purely on the legal definitions of rape, we can certainly agree that masturbating using someone else's body is definitely a violation of their free will and body.

However, let us now get into the technicalities.
Is such an action a crime, because:
1) You took control of someone else's body, no matter what you plan on doing?
2) You did something against the person's will, no matter forcefully or willingly?
3) Somebody was forced to do something, regardless of resistance being offered or not?
4) You were obtaining pleasure using someone else's sexual organs?
The above situations are all different situations that all warrant punishment, infringing on someone else's privacy and sovereignty of mind in various ways.
Therefore, if we want to punish this person, he can be convicted on the above four bases.

To consider rape (or rather, statutory rape in the US), would be to consider the violation of someone's sexual organs.
In this case, masturbation is not illegal in any case and cannot actually be counted as the violation of someone's sexual organs.
However, what is wrong with masturbating in someone else's body, with or without their knowledge or consent, is that it can only be wrong if it is done without their consent or knowledge.
Otherwise, to go by a purely physical aspect, the person is technically pleasuring himself (or herself, in your example) and someone else is simply experiencing that pleasure.
Debate Round No. 2
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Debate Round No. 3
2 comments have been posted on this debate. Showing 1 through 2 records.
Posted by Wylted 3 years ago
Wylted
Interesting topic. I look forward to reading this debate
Posted by Arganger 3 years ago
Arganger
What it is is desecration of a human corpse. You can get up to seven years for it, along with up to an 8,000$ fine.

Raping a corpse would likely land right at the top.
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